In a recent decision, the Federal Circuit held that the PTAB violated the Administrative Procedures Act (“APA”) by adopting in its final written decision a claim construction that neither party had proposed. In Qualcomm Inc....more
In December of last year, in the precedential Hulu case, the PTAB found that for purposes of institution under 35 U.S.C. § 311(b), a petitioner must show a reasonable likelihood that an asserted reference qualifies as a...more
Yesterday (July 15th), the PTAB published a second update to its Trial Practice Guide. This second update is twice as long as the August 2018 update and relies extensively on the many recently-designated precedential and...more